Duncan v. United States of America, No. 3:2022cv00094 - Document 7 (E.D. Tenn. 2022)
Court Description: MEMORANDUM OPINION in support of the following Judgment Order.Signed by District Judge Thomas A. Varlan on 4/11/22. (c/m James D Duncan #441820 WHITEVILLE CORRECTIONAL FACILITY PO BOX 679 WHITEVILLE, TN 38075 ) (ADA)
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Duncan v. United States of America Doc. 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE JAMES DUNCAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No.: 3:22-CV-94-TAV-JEM MEMORANDUM OPINION In this action, Petitioner, a prisoner proceeding pro se, seeks a writ of habeas corpus from the Court’s dismissal of a § 1983 complaint he filed [Doc. 2]. On March 16, 2022, the Court entered an order notifying Petitioner that he had thirty days to pay the full filing fee or submit the necessary documents to proceed in forma pauperis and denying his motion to appoint counsel [Doc. 5]. Petitioner has now filed a motion to withdraw his petition [Doc. 6] in which he states that he is awaiting a ruling from the United States Court of Appeals for the Sixth Circuit in his underlying case and will proceed with a postconviction petition in the future if the Sixth Circuit does not grant him relief [Id. 1–2]. Due to Petitioner alerting the Court that he no longer seeks to pursue this action at this time, his motion to withdraw his petition [Id.] will be GRANTED and this action will be DISMISSED without prejudice. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. ENTER s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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